HateCrime is crime, hate doesn't make the
crime worse
A few days ago the FBI announced
a rise in hate crimes.
I've a real problem with that phrase "hate crime." Almost everything that I have seen labeled a "hate crime" was an actual crime long before anyone thought of "hate crimes." The exception are the mala prohibita laws. See here for a brief discussion on the difference between mala in se and mala prohibita laws. More importantly, it is impossible to define a "hate crime" without invoking group rights. I do not believe that groups have rights. I believe that INDIVIDUALS have rights. Red, capitalized, and bold. That must mean I think that word is pretty important, especially in this context. Is a crime worse because it is a "hate crime?" A threat is a threat. Is it more dangerous because of "hate?" Theft is still theft. Is the loss greater because of "hate?" Assault is assault. Would you hurt any more if it was "hate?" Murder is still murder. Calling it a "hate crime" won't make the victim even more dead. Is a crime any more reprehensible if a member of one group does it to a member of another? That group rights thing is pretty central to the whole idea of "hate crimes." But it fails the old parity test. As an example, a swastika painted by a Christian on the door of a Jew is hate. But if the Jew painted it on the door of a Christian, the most the Christian could claim is vandalism. Failing the flip-flop is usually a sign that one group wants special privilege over and beyond what other groups get. The only "practical" use I have seen for "hate crimes" is to extend sentencing. But even then, it seems that almost every crime becomes a "hate crime." The meaning is lost. I say enforce the law uniformly without regard to race, creed, color, sex, wealth, or anything else. Posted: Wed - November 21, 2007 at 06:13 AM
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Pagan Vigil
Pagan philosopher, libertarian, and part-time trouble maker, NeoWayland watches for threats to individual freedom or personal responsiblity. There's more to life than just black and white, using only extremes just increases the problems. My Thinking Blogger Nominees
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